Workplace sexual harassment remains a serious threat to most organizations. Incidents and claims can damage the trust that employees have in their company, and can create an unsafe working environment. Mishandled complaints and investigations can also dominate headlines and devastate an employer’s public image.

Off-duty conduct, the use of “private” group chat technology, and the duty to investigate are all addressed in the Ontario Court of Appeal’s decision in Metrolinx v. Amalgamated Transit Union. This blog will explain the case and highlight key takeaways for workplace leaders.

Why did Metrolinx fire 5 employees for Sexual Harassment?

Five Metrolinx employees were fired in 2021 for making derogatory comments about female colleagues in a “private” Whatsapp chat group. They made vile, sexual remarks suggesting their coworkers didn’t earn their jobs (eg. “she got the job cause she goes on her knees” type-of-thing). The union grieved the dismissals.

The arbitrator overturned the firing, finding that the employees in the WhatsApp chat were immune from discipline because:

  • they had an expectation of privacy in the Whatsapp group chat;
  • used personal phones;
  • were off-duty during the time of the Whatsapp chats; and
  • the target of the remarks (who saw screenshot images) “refused” to file a formal complaint.

In June 2025, the Ontario Court of Appeal found numerous errors with the arbitrator’s approach, and upheld the lower court’s decision to remit the case back to a new arbitrator.

Regardless of the outcome from the new arbitrator, the court has made an important (and binding) decision about how employers should prevent and investigate sexual harassment.

Key takeaways for employers managing workplace harassment prevention, incidents and investigations

  • Employers Must Investigate: Employers should investigate all incidents of harassment, even in the absence of a formal complaint by the victim. In Ontario, there is a statutory duty to do so under the Occupational Health and Safety Act (OHSA). The Court emphasized that this duty is triggered when an incident comes to the employer’s attention.
  • Avoid Victim Blaming: A victim’s reluctance to file a complaint has no bearing on the investigation, and doesn’t absolve the employer of their duty to respond. According to the Court of Appeal, the arbitrator’s finding that there was no harassment – based on the victim’s lack of complaint – is a line of “that relies on rejected myths and stereotypes about how an employee in Ms. A’s situation would respond.”
  • “Digital” Harassment is Real Harassment: The definition of workplace sexual harassment is broad, and includes conduct and comments occurring over social media, text messages, video, group chats and other technological means. Ontario explicitly updated the definition in 2024.
  • Off-Duty Conduct Can Lead to Discipline: Employers can discipline their employees for “off-duty misconduct” – as long as that conduct has a clearly negative impact that manifests in the workplace.
  • Protect All Your Workers: An employer’s duty to prevent and investigate workplace harassment extends to all workers, not only to a victim of a particular incident. As the Court noted, “an employer’s duty to investigate is not just a duty owed to the victim, but to all employees, who have a right to work in an environment free from demeaning and offensive comments.”
  • Review Your Policies: Employers must ensure their workplace harassment policies are compliant with statutory requirements. For example, under OHSA, a formal complaint is not required in order to investigate—so a company policy that suggests otherwise is out-of-step with the law.

As proactive leaders, how can we protect our company and people?

Proactive leadership is key to harassment prevention in the workplace. Here are strategic ways to protect employees and foster a respectful company culture:

  • Lead by Example: Leaders must be held to the same standards as all employees. Model ethical behaviour by demonstrating integrity and fairness.
  • Emphasize Zero Tolerance: Anti-harassment policies must be actively enforced and embraced by all levels of leadership. Integrate them into onboarding, performance reviews, and leadership evaluations. Zero tolerance means addressing misconduct effectively; firing is not the only appropriate discipline.
  • Monitor Risk: Use external audits, anonymous tip channels, and internal surveys to assess workplace health. Creating these feedback loops allows leaders to identify early warning signs of inappropriate behaviour and address them in time.
  • Invest in Effective Training: Traditional sexual harassment training simply for the sake of compliance is not enough. Equip employees and leaders with the tools to recognize, prevent, and report harassment. Encourage a culture where speaking up is safe and supported.

Train With Us: the Ryley Learning Advantage

Ryley Learning offers eLearning that fosters inclusion and combats workplace harassment. Our award-winning eLearning courses are designed to meet anti-harassment training laws across the U.S. and Canada – ideal for companies seeking to protect their employees and brand image through concrete steps.

Grounded in legal expertise, Ryley Learning courses allow companies to minimize their legal and reputational risks with anti-harassment and unconscious bias training. Our interactive training uses relatable scenarios and high-impact visuals to drive retention, accountability, and behaviour change.

Looking for sexual harassment training solutions for your jurisdiction(s)? Our online courses comply with state laws across California, New York, Ontario, and more.

Want to protect your people and your brand, without starting from scratch? Learn More About Our Courses or Get a Free Demo today.

C-suite leaders must treat harassment prevention in their company as a leadership responsibility that protects and benefits everyone.